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(Fixed Term Contract of Employment)

It is hereby agreed that a fixed term contract shall be entered into between

___________________________________________________________ (who shall be referred to hereinafter as the EMPLOYER)


___________________________________________________________ (Full name and surname)

Identity No: _____________________________ (who shall be referred to hereinafter as the EMPLOYEE).


1. JOB DETAILS The EMPLOYEE shall be employed as: __________________________ (Job Title) You will report directly to: ___________________________________ (Superior)

2. STARTING DATE The EMPLOYEE shall commence his / her employment on ____________ and shall terminate such employment on____________________ /on completion of the contract / project or phase of the contract / project in which event the employment period will not exceed the time for the completion of the contract / project / phase. Contract / Project / Phase: ____________________________________ (Insert Details) Estimated time of completion: ______________________________________________ As has been pointed out to you, your employment with the Company will not continue after the date mentioned above. You have been specifically informed that you should have no expectation of your contract being extended or in any way reviewed after this date.

3. DUTIES The EMPLOYEE shall be expected to satisfactorily carry out all the tasks and duties normally associated with the position. The EMPLOYEE agrees and undertakes to obey all reasonable and lawful orders and instructions which may be given by any person employed by The EMPLOYER who is in a managerial or supervisory position. The EMPLOYEE confirms that he / she is capable and competent to perform the duties for which he / she has been employed, and that he / she has the necessary skills and knowledge to perform competently and to the satisfaction of The EMPLOYER. It is expressly agreed by the EMPLOYEE that should the work as set out in the job description, be unavailable he will be prepared to perform any other suitable work which falls within his vocational abilities provided that it shall be without loss of remuneration. The performance of any other suitable work under these circumstances will not be seen as a right of the EMPLOYEE and the EMPLOYER reserves the right to retrench the EMPLOYEE in these circumstances.

Further details:

4. PROBATIONARY PERIOD The EMPLOYEE is appointed on a probationary period of ______________ weeks (maximum 4 weeks) from the date of commencement of employment. During such period the EMPLOYEE'S performance, skill, conduct, compatibility, knowledge and health will be evaluated by the EMPLOYER, and any failure by the EMPLOYEE to comply or meet with the above conditions or standards during or at the conclusion of the probationary period shall be sufficient reason for the EMPLOYER to terminate the EMPLOYEE'S services. After the trial period this contract shall continue until the end of the fixed term or completion of the contract in accordance with Paragraph 2 above. Termination of Employment will be in terms of Paragraph 11.

5. REMUNERATION The EMPLOYEE'S basic salary / wage shall be R ________________ per month / week and payment shall be made monthly / weekly in arrears not later than the last day of each month. Payment of the EMPLOYEE'S salary / wage shall be made either by cheque or be paid into the EMPLOYEE'S account at a financial institution of his / her choice. According to the employers own discretion as bonus could be paid : after 12 months at Christmas time A bonus will be paid to the EMPLOYEE which will be determined on merit (or an amount of R________________) If the EMPLOYEE terminates services within 12 months of service, will a pro rata bonus be payable? Yes/No In terms of days or time absent from work without permission or leave, no money will be paid to the EMPLOYEE. Overtime is payable at 1,5 of normal wages. Meals and rations. The EMPLOYER will provide; Breakfast _____________ Lunch ______________ Supper _______________ on working days as determine by EMPLOYER from time to time. Meals and rations will be considered as having the value of R_____________ per month. Transport allowance of R _______________ per week/month will be paid for transport to and from work. Payment in kind: Accommodation - Value R ______________ Food - Value R _______________________ Deductions: The following deductions will be made from the EMPLOYEES remuneration:

6. LEAVE The EMPLOYEE will be entitled to _____________ 21 working days' of paid vacation leave at the end of each year of employment. Such leave shall be taken in accordance with the prescribed leave rules and regulations and at a time agreed to by the EMPLOYER at his discretion. The EMPLOYEE agrees that he / she may be required to take such leave during the annual shut down period. Alternatively one day leave for every 17 days worked. For every public holiday during the leave of the EMPLOYEE, which would have otherwise been a normal working day for him/her, an extra days leave will be added. A regular day EMPLOYEE will be entitled to 1 day leave for every 17 days worked.

7. SICK LEAVE The EMPLOYEE is entitled to paid sick leave equal to the number of days the EMPLOYEE would normally work during a period of 6 weeks during every cycle of 36 months worked. Sick leave not taken will not be paid out. If more than 2 days sick leave is taken the EMPLOYEE must submit an acceptable doctors certificate. If continual illness occurs, the EMPLOYER may insist on a doctors certificate for every day off, if the EMPLOYER does not accept the EMPLOYEES explanation the EMPLOYER will assist the EMPLOYEE to have a medical examination.

During the first six months of employment, the EMPLOYEE will be entitled to one day sick leave for every 26 days worked. If the EMPLOYEE is absent for a long time, due to illness, the employer is entitled to terminate the contract after an investigation into the health position of the worker. The EMPLOYEE guarantees that the time off signing the agreement, he/she is free of any terminal or contagious illness. If the EMPLOYEE should discover any such illness after employment, he/she will immediately inform the EMPLOYER. The EMPLOYEE agrees to a medical examination requested by the EMPLOYER, at any reasonably time, with the EMPLOYER bearing the cost and access to all medical report. A regular EMPLOYEE will be entitled to one day sick leave for every 17 days worked.

8. MATERNITY LEAVE (Unpaid leave) Maternity leave will commence at any time from four weeks before the expected date of birth, unless otherwise agreed or when a medical practitioner or midwife certifies that it is necessary for the EMPLOYEES health or that of her unborn child. Female EMPLOYEES may not work 4 weeks before the birth as well as 6 weeks after the birth unless a medical practitioner or midwife certifies that she is fit to work. The EMPLOYEE is entitled to at least four consecutive months maternity leave. The EMPLOYEE will notify an EMPLOYER in writing, unless the EMPLOYEE is unable to do so, of the date on which the WORKER intends to commence with maternity leave and return to work at least four weeks before such date, unless the WORKER is unable to do so. The EMPLOYEE understands that she will be signed of as deserted if she does not report for duty within three days after the stipulated date.

9. FAMILY RESPONSIBILITY LEAVE Where the EMPLOYEE has completed four months and works for at least four days a week, the EMPLOYEE will be entitled to three days of paid leave to attend to a sick child, a death in the family of, in the case of a man, the birth of his child.

10. PUBLIC HOLIDAYS The following public holidays will apply and will be exchangeable for any other day. New Year Day, Human Rights Day, Good Friday, Family Day, Freedom Day, Workers' Day, Youth Day, National Women's Day, Heritage Day, Day of Reconciliation, Christmas Day, Day of Good Will. When one of the public holidays falls on a Sunday, the following Monday shall be a public holiday. The EMPLOYEE agrees that any public holiday shall be exchangeable for any other day which the EMPLOYER chooses. The EMPLOYEE will not be entitled to public holidays during strikes.

11. TERMINATION OF EMPLOYMENT The EMPLOYEE'S service may be terminated by either him / her or by the EMPLOYER by giving not less than one week working days' written notice during the first four weeks. After four weeks, but during the first year, two weeks notice will be given and four weeks if the EMPLOYEE has one year service and more. Notice must be given in writing before or on the first or 15th of the month. Either party may summarily terminate this Contract for any cause recognised by law as being sufficient, subject to this being reduced to writing. This agreement may be terminated by the EMPLOYER without any notice or any payment in lieu of notice in the case of gross misconduct or dishonesty on the part of the EMPLOYEE. The EMPLOYER will in such event follow the procedure laid down in the disciplinary code and procedure.

12. WORKING HOURS Hours of work daily shall be from _________ to _________ Monday to _______________ with a ______________ meal break. The hours worked per week will thus be ________________________. The EMPLOYEE agrees to a 1 hour lunch break.


Overtime is a condition of employment and the EMPLOYEE you are expected to work the statutorily prescribed maxima overtime, currently 3 hours per day and ten hours per week, provided that: the EMPLOYER notifies the EMPLOYEE overtime; and during the preceding day that he/she is required to work

nothing in this Agreement shall limit the EMPLOYER's right and the EMPLOYEES obligation to work emergency overtime on short notice. Overtime payment will be made in terms of the applicable conditions of employment at a rate of one and a half times ordinary wage, on the normal pay day.

14. GENERAL This Contract shall be the entire agreement between the parties and no variation, alteration and/or addition will be of any force or effect unless placed in writing and signed by both parties. No indulgence, leniency or extension of time which the parties may grant each other, in the event of claims and/or disputes shall in any way whatsoever prejudice either of them, preclude either of them from exercising their rights or constitute a waiver or limitation of any of their respective rights. Both parties acknowledge that by signing this Contract, they have received a copy of this Contract and, they have read and understood the contents thereof. Both parties undertake to hold themselves bound by this Contract and agree to observe the provisions contained therein.

15. DESERTION AS BREACH OF CONTRACT The EMPLOYEE agrees that should he fail to report for work for more than 3 (three) consecutive days without notifying the employer he/she shall be deemed to have deserted.

16. GUARANTEE BY EMPLOYEE The EMPLOYEE confirms that all documentation, information and credentials presented to the EMPLOYER in support of his application for employment are authentic and it is agreed that in the event of any of the above subsequently proving to be false, this will be grounds for summary termination of the EMPLOYEE'S services

17. ACCESS The EMPLOYEE agrees that any legal right he has to be on the EMPLOYER'S premises is dependent upon the adequate performance of the duties allocated to him by the EMPLOYER. It is therefore specifically agreed that should the EMPLOYEE, for whatever reason, decide not to proceed with the performance of his allocated duties he shall at the request of the EMPLOYER leave the EMPLOYER'S premises in an orderly manner within 20 (twenty) minutes after being requested to do so and that refusal or failure to do so will be regarded as breach of contract. The parties agree that all the terms and conditions of employment are: Specified in this agreement those conditions of employment not specified in this agreement shall be in terms of the EMPLOYER'S rules, regulations and procedures and the appropriate Industrial Council agreement and that In the event of the Employment Contract, the Industrial Council agreement and so the EMPLOYER'S rules, regulations and procedures be silent on any specific point then, and in such a case, the relevant section(s) of the Basic Conditions of Employment Act, 75 of 1997 (as amended) shall apply.


For the duration of this contract and thereafter the EMPLOYEE may not at any time divulge to any person any trade or Company secret or any other confidential information concerning the Company's business or affairs without obtaining prior written permission from management.

19. RULES AND REGULATIONS The EMPLOYEE will observe and obey all the rules, regulations and procedures which have been or may be drawn up by the EMPLOYER, or where applicable, the Bargaining Council. The EMPLOYER will endeavour to ensure that the EMPLOYEE is made familiar with such rules, regulations and procedures. The EMPLOYER reserves the right to change or add any of such rules, regulations and procedures at any time at his discretion, subject to reasonable notice to the EMPLOYEE. The EMPLOYEE confirms that he/she has been given a copy of the disciplinary code with this contract and that it has been explained to him/her.

20. INDUSTRIAL ACTION The EMPLOYEE agrees not to take part in or to incite any other person to participate in any illegal industrial action which may adversely affect any of the EMPLOYER'S operations. Such action may include, but is not limited to strikes, go-slows, work to rule, boycotts, stay-away's or any other similar action which may obstruct, prevent or retard the work of other employees or the EMPLOYER'S operations. The EMPLOYEE agrees to partake only in legal industrial action which may have arisen after the statutory dispute settling procedures having been followed. The EMPLOYEE agrees to assist the EMPLOYER in endeavouring to promote, enhance and maintain industrial peace and harmony in the work place. This contract will automatically be suspended during a strike.

21. PLACE OF EMPLOYMENT The place of employment will be:

It will also be required that EMPLOYEE work at the following places:

22. RELEVANT PREVIOUS SERVICE Period of previous employment that is relevant for this contract.

23. LIST OF ANY RELEVANT DOCUMENTATION (NOT INCLUDED IN THIS DOCUMENT) Will be available at the companies offices where a copy may be obtained.

24. SIGNATORIES Signed at __________________ on this ______ day of __________________20_____.


I understand the conditions of the contract and accept it voluntary. I do not need an interpreter _______________________________________________




The conditions were explained to and interpreted for the EMPLOYEE and are voluntarily accepted by the EMPLOYEE.